Request for Comments Concerning the Extension of Particular Exclusions Granted Under the $200 Billion Action Pursuant to Section 301: China's Acts, Policies, and Practices Related to Technology Transfer, Intellectual Property, and Innovation
| Published date | 06 May 2020 |
| Citation | 85 FR 27011 |
| Record Number | 2020-09653 |
| Section | Notices |
| Court | Trade Representative Office Of The United States |
Federal Register, Volume 85 Issue 88 (Wednesday, May 6, 2020)
[Federal Register Volume 85, Number 88 (Wednesday, May 6, 2020)]
[Notices]
[Pages 27011-27017]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-09653]
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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE
[Docket Number USTR-2020-0015]
Request for Comments Concerning the Extension of Particular
Exclusions Granted Under the $200 Billion Action Pursuant to Section
301: China's Acts, Policies, and Practices Related to Technology
Transfer, Intellectual Property, and Innovation
AGENCY: Office of the United States Trade Representative.
ACTION: Notice and request for comments.
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SUMMARY: Effective September 24, 2018, the U.S. Trade Representative
imposed additional duties on goods of China with an annual trade value
of approximately $200 billion as part of the action in the Section 301
investigation of China's acts, policies, and practices related to
technology transfer, intellectual property, and innovation. The U.S.
Trade Representative initiated an exclusion process for the $200
billion action in June 2019, and as of March 26, 2020, has issued 11
product exclusion notices under this action. The product exclusions
granted under these notices are scheduled to expire on August 7, 2020.
The U.S. Trade Representative has decided to consider a possible
extension for up to 12 months of particular exclusions granted under
these initial 11 product exclusion notices. The Office of the U.S.
Trade Representative (USTR) invites public comment on whether to extend
particular exclusions.
DATES:
May 1, 2020: The public docket on the web portal at https://comments.USTR.gov will open for parties to submit comments on the
possible extension of particular exclusions.
June 8, 2020 at 11:59 p.m. ET: To be assured of consideration,
submit written comments on the public docket by this deadline.
ADDRESSES: You must submit all comments through the online portal:
https://comments.USTR.gov.
FOR FURTHER INFORMATION CONTACT: Associate General Counsel Philip
Butler or Assistant General Counsel Benjamin Allen at (202) 395-5725.
SUPPLEMENTARY INFORMATION:
A. Background
For background on the proceedings in this investigation, please see
prior notices including 82 FR 40213 (August 24, 2017), 83 FR 14906
(April 6, 2018), 83 FR 28710 (June 20, 2018), 83 FR 33608 (July 17,
2018), 83 FR 38760 (August 7, 2018), 83 FR 47974 (September 21, 2018),
83 FR 49153 (September 28, 2018), 83 FR 65198 (December 19, 2018), 84
FR 7966 (March 5, 2019), 84 FR 20459 (May 9, 2019), 84 FR 29576 (June
24, 2019), 84 FRN 38717 (August 7, 2019), 84 FR 46212 (September 3,
2019), 84 FR 49591 (September 20, 2019), 84 FR 57803 (October 28,
2019), 84 FR 61674 (November 13, 2019), 84 FR 65882 (November 29,
2019), 84 FR 69012 (December 17, 2019), 85 FR 549 (January 6, 2020), 85
FR 6674 (February 5, 2020), 85 FR 9921 (February 20, 2020), 85 FR 15015
(March 16, 2020), and 85 FR 17158 (March 26, 2020).
Effective September 24, 2018, the U.S. Trade Representative imposed
additional 10 percent duties on goods of China classified in 5,757 full
and partial subheading of the Harmonized Tariff Schedule of the United
States (HTSUS) with an approximate annual trade value of $200 billion.
See 83 FR 47974, as modified by 83 FR 49153. In May 2019, the U.S.
Trade Representative increased the additional duty to 25 percent. See
84 FR 20459. On June 24, 2019, the Trade Representative established a
process by which U.S. stakeholders could request exclusion of
particular products classified within an 8-digit HTSUS subheading
covered by the $200 billion
[[Page 27012]]
action from the additional duties. See 84 FR 29576 (the June 24
notice).
The June 24 notice required submission of requests for exclusion
from the $200 billion action no later than September 30, 2019, and
noted that the U.S. Trade Representative periodically would announce
decisions. As of March 26, 2020, the U.S. Trade Representative has
issued 11 notices of product exclusions under the $200 billion action.
These exclusions are scheduled to expire on August 7, 2020.
B. Possible Extensions of Particular Product Exclusions
The U.S. Trade Representative has decided to consider a possible
extension for up to 12 months of particular exclusions granted under
the initial 11 product exclusion notices under the $200 billion action.
At this time, USTR is not considering product exclusion notices issued
after March 26, 2020. Accordingly, USTR invites public comments on
whether to extend particular exclusions granted under the following
notices of product exclusions:
84 FR 38717 (August 7, 2019)
84 FR 49591 (September 20, 2019)
84 FR 57803 (October 29, 2019)
84 FR 61674 (November 13, 2019)
84 FR 65882 (November 29, 2019)
84 FR 69012 (December 17, 2019)
85 FR 549 (January 6, 2020)
85 FR 6674 (February 5, 2020)
84 FR 9921 (February 20, 2020)
85 FR 15015 (March 16, 2020)
85 FR 17158 (March 26, 2020)
For exclusions amended or corrected by a later issued notice,
parties should provide their extension comments on the docket
corresponding to the initial notice of product exclusions.
USTR will evaluate the possible extension of each exclusion on a
case-by-case basis. The focus of the evaluation will be whether,
despite the first imposition of these additional duties in September
2018, the particular product remains available only from China. In
addressing this factor, commenters should address specifically:
Whether the particular product and/or a comparable product
is available from sources in the United States and/or in third
countries.
Any changes in the global supply chain since September
2018 with respect to the particular product or any other relevant
industry developments.
The efforts, if any, the importers or U.S. purchasers have
undertaken since September 2018 to source the product from the United
States or third countries.
In addition, USTR will continue to consider whether the imposition
of additional duties on the products covered by the exclusion will
result in severe economic harm to the commenter or other U.S.
interests.
C. Procedures To Comment on the Extension of Particular Exclusions
To submit a comment regarding the extension of a particular
exclusion granted under the above referenced product exclusion notices
under the $200 billion action, commenters must first register on the
portal at https://comments.USTR.gov. As noted above, the public docket
on the portal will be open from May 1, 2020, to June 8, 2020. After
registration, the commenter may submit an exclusion extension comment
form to the public docket.
Fields on the comment form marked with an asterisk (*) are required
fields. Fields with a gray (BCI) notation are for business confidential
information and the information entered will not be publicly available.
Fields with a green (public) notation will be publicly available.
Additionally, parties will be able to upload documents and indicate
whether the documents are BCI or public. Commenters will be able to
review the public version of their comments before they are posted.
In order to facilitate the preparation of comments prior to the May
1 opening of the public docket, a facsimile of the exclusion extension
comment form to be used on the portal is annexed to this notice. Please
note that the color-coding of the public and BCI fields is not visible
on the annex, but will be apparent on the actual comment form used on
the portal.
Set out below is a summary of the information to be entered on the
exclusion extension comment form.
Contact information, including the full legal name of the
organization making the comment, whether the commenter is a third party
(e.g., law firm, trade association, or customs broker) submitting on
behalf of an organization or industry, and the name of the third party
organization, if applicable.
The number for the exclusion on which you are commenting
as provided in the annex of the Federal Register notice granting the
exclusion and the description. For descriptions, amended or corrected
by a later issued notice of product exclusions, parties should use the
amended or corrected description.
Whether the product or products covered by the exclusion
are subject to an antidumping or countervailing duty order issued by
the U.S. Department of Commerce.
Whether you support or oppose extending the exclusion and
an explanation of your rationale. Commenters must provide a public
version of their rationale, even if the commenter also intends to
submit a more detailed BCI rationale.
Whether the products covered by the exclusion or
comparable products are available from sources in the U.S. or in third
countries. Please include information concerning any changes in the
global supply chain since September 2018 with respect to the particular
product.
The efforts you have undertaken since September 2018 to
source the product from the United States or third countries.
The value and quantity of the Chinese-origin product
covered by the specific exclusion request purchased in 2018 and 2019.
Whether these purchases are from a related company, and if so, the name
of and relationship to the related company.
Whether Chinese suppliers have lowered their prices for
products covered by the exclusion following the imposition of duties.
The value and quantity of the product covered by the
exclusion purchased from domestic and third country sources in 2018 and
2019.
If applicable, the commenter's gross revenue for 2018 and
2019.
Whether the Chinese-origin product of concern is sold as a
final product or as an input.
Whether the imposition of duties on the products covered
by the exclusion will result in severe economic harm to the commenter
or other U.S. interests.
Any additional information in support of or in opposition
to extending the exclusion.
Commenters also may provide any other information or data that they
consider relevant.
D. Submission Instructions
To be assured of consideration, you must submit your comment
between the opening of the public docket on the portal on May 1, 2020
and the June 8, 2020 submission deadline. Parties seeking to comment on
more than one exclusion must submit a separate comment for each
exclusion.
By submitting a comment, the commenter certifies that the
information provided is complete and correct to the best of their
knowledge.
E. Paperwork Reduction Act
In accordance with the requirements of the Paperwork Reduction Act
of 1995 and its implementing regulations, the Office of Management and
Budget has
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assigned control number 0350-0015, which expires January 31, 2023.
Joseph Barloon,
General Counsel, Office of the U.S. Trade Representative.
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[FR Doc. 2020-09653 Filed 5-5-20; 8:45 am]
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